Last revised 6/03/2017
Noodler, LLC (together with its corporate affiliates, “TXT-BOOK,” “we,” “us,” “our”) provides its online services through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to these Terms of Service (“Terms of Service” or “Agreement”). By accessing or using the Service, you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the updated Terms of Service on our Site or Application and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.
This Agreement shall remain in full force and effect while you use the Services or possess the application of TXT-BOOK.
CONDITIONS OF SALE
The TXT-BOOK service is executed through the mobile application and/or the website iPhone Service Form. TXT-BOOK delivers its final product in the form of a pdf file. iPhone orders using the online web form can be expected to be delivered via e-mail in 1-3 business days. TXT-BOOK offers a printing and binding service, but it is not a publishing service, nor does it convert the TXT-BOOK file into a physical form unless the user decides to order a printed and bound version as a secondary step. TXT-BOOK is not responsible for PDF incompatibilities due to software versions. Any publishing, printing, binding or other conversion services rendered after delivery of the pdf file are not included in the initial purchase of the mobile application or iPhone Form and are done so with the sole discretion, liability and with total cost incurred by the user. Once the app purchase has been made, use of the TXT-BOOK service is unlimited. TXT-BOOK is not responsible for TXT-BOOKs that are sent to incorrect e-mail addresses or any result, consequence, action, event physical, emotional or verbal or libel that results from the delivery or view of a TXT-BOOK by a recipient, an unintended recipient, or any person with access to the e-mail account.
RETURNS & REFUNDS
Since TXT-BOOKs are a custom/digital product, we cannot offer returns or refunds. We will attempt to resolve any issues with your order to the best of our ability. For select iPhone Service orders that are created using data that was incorrectly entered or submitted by the customer, TXT-BOOK will offer options that will allow customers to re-order their TXT-BOOK using new and/or corrected data. There may be additional fees to correct such data or to make changes once the order is submitted and processed. A maximum discount of 50% will offered if an encrypted iPhone backup is uploaded. TXT-BOOK is not a resource to attempt to un-encrypt backups. Please be mindful when uploading these files. No refund or credit is given under any circumstances for the TXT-BOOK application or any expenses incurred relating to the TXT-BOOK product for which the user elects, including printing, binding or otherwise.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: TXT-BOOK Customer Service, 234 Thompson Street, #16, New York, NY 10012, or via email at orders@TXT-BOOK.com. If any dispute is made in an attempt to circumvent our Return Policy, TXT-BOOK may take action to recover any lost revenue or incurred fees.
TITLE AND RISK OF LOSS
All products made through the Service are made pursuant to the entry of the correct e-mail address provided by user in the application. TXT-BOOK is not responsible if the recipient’s e-mail service bounces their e-mail or if the recipient’s e-mail service deletes, spams or blocks the e-mail.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of TXT-BOOK or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TXT-BOOK's prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of TXT-BOOK or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TXT-BOOK under a separate agreement.
The technology and software underlying the Service or distributed in connection therewith is the property of TXT-BOOK (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TXT-BOOK.
For security purposes of both the Company and User, TXT-BOOK does not copy, review or store any text messages, photos or any user content of users of the Android Application. The TXT-BOOK PDF is not created in a server, repository or database; the TXT-BOOK is generated locally within the application. No copy is kept by The Company. The user’s own e-mail service powers the final delivery of the product. User data that is submitted using the iPhone Service form is used only to create the TXT-BOOK PDF file. All user data is purged once the order is complete.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims: Noodler, LLC | 234 Thompson Street, #16, New York, NY 10012 Email: copyright@TXT-BOOK.com Telephone: (773) 325-1702
Links to Other Web Sites
The Service contains links to other web sites. TXT-BOOK is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by TXT-BOOK. If you decide to access these third-party web sites, you do so at your own risk
Please be aware that Peecho is a publishing service provider and provides users with tools and services that enable them to publish their own books. We provide links to Peecho as a recommendation for printing and binding TXT-BOOK PDFs.
TXT-BOOK is not a publisher, and we do not review or correct user-generated content. Users are expected to comply with the Terms and Conditions of the Peecho web site, and with their End User License Agreement. TXT-BOOK is not responsible for the expenses, experience, or product the user has with Peecho. For more information regarding Peecho’s Terms and Conditions, click HERE
TXT-BOOK is not a publishing service. It is not responsible for any publication, binding, hard-copy reproduction or any transformations of the PDF file that the user elects to engage, use or buy.
Understand what information we collect and how we collect, share, and use the information; and
The Information We Collect
When you visit or use the Service, you may provide us with two types of information:
Personal Information that you knowingly choose to disclose through various Service features.
Service Use Information that is collected by us as you interact with the Service.
Personal Information You Provide to Us
We collect personally identifiable data ("Personal Information") that you submit to us voluntarily through the Service:
When you post any material (such as User Content) on or through the Service, you may be providing Personal Information.
When you input your e-mail address for the product to be sent to you this is Personal Information and you verify that it is your e-mail address and you opt in to our e-mail list to receive newsletters, updates and agree to the correlating terms of supplying Personal Information.
When you order products or services through the Service, you provide Personal Information necessary to complete the transaction, including your name, email, credit card information, shipping information and billing information.
When you contact us to give feedback or ask a question using the forms provided by us, you provide your name, email address and your comment, question or feedback.
When you participate in our surveys, we may collect additional Personal Information.
When you contact us by sending us an email, we will collect your email address, any Personal Information contained in the email, and any Personal Information attached to the email.
SERVICE USE INFORMATION
USER CONTENT AND OTHER INFORMATION
Any improper collection or misuse of information provided on TXT-BOOK is a violation of the TXT-BOOK Terms of Service and should be reported to privacy@TXT-BOOK.com
If you choose to use our invitation service to tell friends about the Service, or enter their e-mail into the e-mail field to send the product, we will collect your friend's email address. Your friend will automatically be sent a one-time email inviting him or her to visit the Service. TXT-BOOK stores information gathered during this process to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at privacy@TXT-BOOK.com to request that we remove your friend's information from our database.
By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
Use of Information Obtained by TXT-BOOK
In general, information you submit to us is used either to respond to requests that you make or to aid us in serving you better, including to fix technical problems, provide administrative services, and monitor traffic, the number of visitors, and the effectiveness of programs. We may use aggregated user data to market the Service to others. We may provide these services ourselves or share the information with partners who will provide the services for us.
We may use your Personal Information to provide you with newsletters and surveys and to notify you of important changes to the Service, new services, and special offers. If you do not want to receive such email notices, you may send email to privacy@TXT-BOOK.com or mail to Privacy, TXT-BOOK, 234 Thompson Street, #16, New York, NY 10012. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If we have provided any third party with your information, you will have to contact the third-party directly with any opt-out request.
TXT-BOOK will send you service-related announcements from time to time through the general operation of the Service. For instance, if a friend sends you a new message or you receive a request to collaborate on a friend's book, you may receive an email alerting you to that fact.
CHILDREN UNDER AGE 13
The Children's Online Privacy Protection Act (COPPA) defines personal information as "individually identifiable information," including things like a first and last name, a street address, an email address, or a telephone number. COPPA places requirements on websites that collect such information from children. You must be at least 13 years or older to register and use the Service. If you are under the age of 13, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Service.
CHILDREN BETWEEN THE AGES OF 13 AND 18
We recommend that minors over the age of 13 ask their parents before sending any information about themselves to anyone over the internet.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not sell your Personal Information to third party marketers without your permission. We share your Personal Information with third parties only in limited circumstances. We comply with the CAN-SPAM Act of 2003 and intend to do business only with companies that also comply. We will not sell your Personal Information.
For example: when you purchase TXT-BOOK app or use any third-party publishing service available on TXT-BOOK.com, your billing information is transmitted to a third-party credit card processor and your shipping information is transmitted to third-party printer to be printed, bound and shipped to you.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas, law enforcement investigations, or court orders, or in compliance with applicable laws. We also may release information to protect our rights, property, or other interests, including those of our customers or other third parties or to prevent illegal activities or violations of the TXT-BOOK Terms of Service. This may include sharing information with other companies, lawyers, agents, or government agencies.
If the ownership of all or substantially all of the TXT-BOOK business, or individual business units owned by Noodler, LLC., were to change, information may be transferred to the new owner so the service can continue operations. We may also transfer information if we partner with another company.
TXT-BOOK gift cards ("gift card") may be used to purchase any eligible product available for purchase in TXT-BOOK. In order to purchase or redeem a gift card, you must have the TXT-BOOK app on a supported Android device. The recipient of a gift card will be notified via email if chosen as the delivery method, otherwise by printed version; if the recipient does not have TXT-BOOK at the time he or she receives such email, he or she will be prompted to download TXT-BOOK to redeem the gift card.
The amount of the gift card you purchase will be charged to your credit card when you confirm your purchase of such gift card. The purchase of gift cards is governed by the terms set forth under “Terms”, except as otherwise provided in this section.
Once the recipient of the gift card redeems the gift card, then the value of the gift card will apply to the recipient's TXT-BOOK account as a credit toward purchases on TXT-BOOK. If a purchase exceeds the amount of the gift card, the balance must be paid by credit card or other available payment method. Gift cards cannot be used to purchase other gift cards. Gift cards never expire.
Except where prohibited by applicable law, gift card recipients may not (a) receive refunds for gift card, (b) resell or otherwise transfer gift cards to others (including without limitation transferring gift cards to other TXT-BOOK Users’ accounts), (c) reload gift cards, or (d) redeem unused gift card balances if they no longer wish to use TXT-BOOK. Gift cards are not currency, and do not have cash value outside of TXT-BOOK. TXT-BOOK is not responsible for any unauthorized use of a gift card.
TXT-BOOK is not responsible for any Member Content, including Member Content that violates this Terms of Service or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. TXT-BOOK is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. TXT-BOOK DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. TXT-BOOK assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. TXT-BOOK is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will TXT-BOOK be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content generated or transformed by the SERVICE, or any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND TXT-BOOK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TXT-BOOK.COM CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL TXT-BOOK BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF TXT-BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TXT-BOOK’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TXT-BOOK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP OR ONE HUNDRED DOLLARS ($100).
GOVERNING LAW AND VENUE
The Terms of Service and any dispute about or involving the Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of New York County, New York and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold Noodler, LLC, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
These Terms of Service constitute the entire agreement between you and Noodler, LLC regarding the use of the Service, superseding any prior agreements between you and Noodler, LLC relating to your use of the Service. The failure of Noodler, LLC exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Noodler, LLC may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you via email or other electronic means. To opt out of receiving electronic communications, mail us at Opt-Out, TXT-BOOK Customer Service, 234 Thompson Street, #16, New York, NY 10012 or privacy@TXT-BOOK.com.